Flashcards
Burglary
Flashcards do conjunto (18)
- 1What section defines burglary?S9(1) Theft Act 1968
- 2What two sections define burglary?S9(1)(a)
S9(1)(b) - 3What does S9(1)(a) state?Entering a building or part of a building as a trespasser with intent to steal, inflict GBH or do criminal damage.
- 4What does S9(1)(b) state?Having entered a building or part of a building as a trespasser and steals or attempts to steal or inflicts or attempts to inflict GBH.
- 5What are the actus reus elements of burglary?a. Entry
b. Of a building or part of a building
c. As a trespasser - 6What is the law on entry?Brown and Ryan states that the defendant must have made an effective entry into a building.
- 7What does the Theft Act 1968 state about a building?States that inhabited places like houseboats or caravans class as a buiding.
- 8What are the relevant cases in the actus reus element, building?B and S v Leathley
Norfolk Constabulary v Seekings and Gould - 9What does the case of B and S v Leathley state?Stated that as the freezer container had doors, locks and was connected to electricity it was held to be a building.
- 10What does the case of Norfolk Constabulary v Seeking and Gould state?Stated that even though the lorry trailer had steps and elecricity it still had wheels so remained a vechicle.
- 11What is the law on part of a building?Covers situations where D may have permission to be in one part of the building but doesn't have permission to be in another part.
- 12What are the relevant cases in part of a building?Walkington
- 13What does the case of Walkington state?There doesn't need to be a physical divide between two parts of the building.
- 14What is the relevant cases involved in as a trespasser?Colllins
- 15What does the case of Collins state?States that if the defendant has permission to enter, they are not a trespasser.
Also states that you must prove that defendant knew he was trespassing or was reckless to trespassing. - 16What is the law on going beyond permission?When the defendant is given permission to enter but then goes beyond that permission, he may be considered as a trespasser.
- 17What case supports the law on going beyond their permission?Smith and Jones
- 18What are the two mens rea elemetns of burglary?S9(1)(a) - intention to commit one of the offences.
S9(1)(b) - intention when entering the building.